
Top Misdiagnosis & Delayed Diagnosis Injury Lawyers
Experienced Medical Malpractice Litigators | PA & NJ
When conditions are missed or flagged too late, protocols—not luck—determine outcomes. Stroke, heart attack, sepsis, cancer: these are time‑sensitive pathways with defined decision points. We capture the full story—charts, imaging, orders, audit logs, and communication trails—to show what should have happened and where the standard broke. We act quickly so evidence doesn’t disappear and timelines don’t turn against you.

Commonly Missed Conditions in the Medical Field
A missed diagnosis can result in significant health issues including deathh. Knowing the common mistakes can make all the difference in your treatment. Key considerations include:
Stroke/TIA (last-known-well; tPA/thrombectomy windows)
Acute coronary syndrome (EKG timing, troponin deltas)
Sepsis (bundle timing; lactate, fluids, antibiotics)
Cancer (imaging follow-ups; incidental findings; test tracking)
Pediatric emergencies (appendicitis, meningitis, testicular torsion)
How Edelstein Law Proves a Misdiagnosis Case:
Standard of care: Guidelines, hospital pathways, and policies define what a reasonably careful provider should do.
Breach: Handoffs, triage, read‑backs, and test follow‑up breakdowns are mapped against the standard.
Causation: We show how timely care would have likely changed the outcome.
Damages: Economic (wages, care costs) and non‑economic (pain, loss of life’s pleasures).
Key Records We Secure Early:
EMR Audit Trails are detailed, chronological records that document every access, modification, or transmission of electronic medical records (EMRs). They track who accessed the data, when the access occurred, what changes were made, and the system actions taken during the handling of patient information. These audit trails are essential for ensuring data integrity, security, and compliance with regulations such as HIPAA, helping healthcare providers detect unauthorized activity and maintain accountability in patient care documentation.
Order Sets in a medical context are predefined groups of standardized orders related to the diagnosis, treatment, or management of specific clinical conditions or procedures. They are designed to streamline clinical workflows, promote evidence-based care, improve patient safety, and enhance the efficiency and consistency of care delivery by providing healthcare providers with a structured and comprehensive list of orders such as medications, laboratory tests, imaging studies, and nursing instructions tailored to particular medical scenarios.
Nursing Flowsheets are structured, standardized documents or electronic records used by nursing staff to systematically record and monitor patient information, vital signs, treatments, medications, and other clinical data over time. These tools facilitate continuous assessment, enhance communication among healthcare providers, and support timely interventions by providing a clear, chronological overview of a patient’s condition and care progression. Nursing flowsheets improve accuracy in documentation and help ensure consistent delivery of care based on real-time patient status.
Radiology Imaging is medical images produced using various techniques such as X-rays, CT scans, MRI, and ultrasound to diagnose and monitor patient conditions. These images are crucial records for law firms in establishing injury or medical issues.
Call Sheets are documents recording details of phone calls between medical staff and patients or other providers, including times, participants, and topics discussed. These help in verifying communication and timelines in medical cases.
Portal Timestamps are time and date records automatically generated by electronic health portals when patients or providers access medical records, test results, or messages. They provide evidence of when information was viewed or actions taken.
Referral Closure Loops is the process and documentation confirming that a medical referral has been completed and the patient has received the required specialist care. Closing the loop ensures continuity and accountability in patient treatment.
After-Visit Summaries are written summaries provided to patients following medical appointments that detail the visit's findings, prescribed treatments, and next steps. These documents are vital for understanding patient care and compliance.
Adverse Event Reports are formal reports documenting unintended injuries or complications caused by medical care or procedures. These reports are critical evidence in malpractice and injury cases.

Pennsylvania & New Jersey Misdiagnosis’ & Delayed Diagnosis Statute of Limitations:
Pennsylvania: Typically 2 years from accrual; certificate of merit is required in professional negligence claims.
New Jersey: Typically 2 years from accrual; for birth injuries only, actions by or for the child must be filed before the 13th birthday. New Jersey requires an Affidavit of Merit after a defendant’s answer.
Deadlines are fact‑specific. Prompt counsel involvement is critical.
Damages Edelstein Pursue:
In a misdiagnosis or delayed diagnosis civil lawsuit in Pennsylvania or New Jersey, a law firm would seek to recover a comprehensive range of damages on behalf of the injured party. These damages typically include:
Medical Expenses: Compensation for all past, current, and future medical bills related to the misdiagnosis or delayed diagnosis, including hospital stays, surgeries, medications, rehabilitation, and specialist treatments.
Lost Earnings and Capacity: Recovery for income lost due to the inability to work during recovery or permanently, as well as diminished future earning potential caused by the injury.
Home and Vehicle Modifications: Costs associated with adapting living environments or transportation to accommodate new disabilities or limitations resulting from the misdiagnosis.
Life-Care Needs: Expenses related to ongoing care requirements, such as home health aides, medical equipment, therapy, and other long-term health support.
Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and reduced quality of life stemming from the injury.
Loss of Consortium: Damages awarded to family members for the loss of companionship, affection, and support due to the victim’s injury.
Wrongful Death/Survival Claims: When the misdiagnosis or delayed diagnosis results in death, the law firm may pursue wrongful death claims on behalf of surviving family members and survival actions on behalf of the deceased’s estate to recover damages related to pain and suffering prior to death and financial losses incurred by the family.
Edelstein Law aggressively pursues all applicable damages to ensure clients receive full and fair compensation for the life-altering consequences of medical misdiagnosis or delayed diagnosis.
Questions About Misdiagnosis & Delayed Diagnosis Claims?
We Have Answers
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Answer: Not every bad outcome is malpractice. We evaluate whether the provider deviated from accepted standards (e.g., timing of tests, failure to act on red flags) and whether that deviation likely changed the outcome.
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Answer: Potentially, premature discharge and failure to advise on return precautions can support breach and causation.
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Answer: Discharge summaries, visit dates, patient‑portal messages, names of providers, imaging CDs, medication lists, and a symptom timeline you write contemporaneously.
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Answer: Yes, instructions and informed‑consent documents don’t excuse substandard care or failures to follow protocols.
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Answer: Pennsylvania and New Jersey generally allow two years from accrual; exceptions apply (e.g., discovery rule, minors, birth‑injury rule in NJ). Act quickly so we can preserve evidence.
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Answer: No, we advance case costs and you owe nothing unless we recover.

Edelstein Law’s Areas & Jurisdictions:
Edelstein Law is fully licensed to practice in all counties throughout New Jersey, including Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren counties. Our team is dedicated to providing expert legal representation and compassionate support across the entire state, ensuring that injury victims in every community have access to the justice and compensation they deserve.
In Pennsylvania, we proudly serve clients in all counties, including Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Delaware, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming, and York. Our comprehensive licensure ensures consistent, high-quality legal advocacy across Pennsylvania for all injury victims.
Misdiagnosis & Delayed Diagnosis—Contact & Call-to-Action
If you or a loved one has been affected by personal injury, abuse, or systemic injustice, we invite you to contact us to learn more about how we can help. Our team of experienced attorneys and support staff are committed to providing exceptional legal representation and support and to achieving the best possible outcome on your behalf. Don't hesitate to reach out to us today to schedule a free consultation and take the first step towards justice and healing.
We are here to assess your case and guide you through the legal process. You can call us now to get started on your path to recovery and make sure your rights are protected. Set up a Zoom session or schedule time to come in to speak with our first class team of litigators and support staff. Your fight is our fight.
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Phone (215) 893-9311 - SMS (Text) (215) 436-8090 - Fax (215)893-9310